Kitui County Assembly Speaker Kevin Kinengo Katisya, has formally expressed deep concern over the arrest of Jeremiah Musee Mutua, Member of the County Assembly (MCA) for Nguni Ward which occurred last weekend.
According to the Speaker, In a letter addressed to Rev. Dr. Samuel Kobia, Chairman of the National Cohesion and Integration Commission (NCIC) highlighted several key concerns while condemning the manner in which the arrest was conducted, calling it a breach of due process, and a violation of fundamental rights.
He stated that the arrest was conducted without a formal summons, Mutua was not informed of any complaint against him and was arrested without an explanation. He further claimed that this was in violation of his rights as it was conducted without prior summons and lacked protocol asserting that Mutua, as an elected representative, should have been summoned through the proper channels, to ensure the integrity of all institutions involved.
“Article 49(1)(a) of the Constitution of Kenya, 2010, which safeguards the rights of arrested persons, stipulates that an arrested person must be promptly informed, in a language they understand, of the reason for their arrest. The Member was taken into custody without being informed of the reasons for his arrest.” Kinengo Noted.
“In the case of a Member of the County Assembly, summons should be issued through the Office of the Speaker for the Member to appear before any State Agency for interrogations. Arresting a Member without prior notice, preventing them from voluntarily presenting themselves to provide evidence on any alleged matters, constitutes a breach of privilege.” He added.
Kinengo further stated that the remarks attributed to the MCA did not meet the threshold for incitement to violence or hate speech. The phrase “kicking camels off his land” was figurative and did not target any ethnic group, nor did it lead to violence or property damage.
The letter further detailed how the arrest, carried out during a church service, caused public distress and undermined the faith of the community in law enforcement calling for an immediate investigation into the incident, emphasizing the need to uphold justice, fairness, and human dignity.
The speaker concluded the letter by urging the NCIC to ensure that such incidents do not recur, as they risk eroding public trust and inciting social discord. The Speaker requested a prompt response from the NCIC, along with appropriate corrective actions.
